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RREQUEST FOR QUOTATION (RFQ)
RFQ NO: 89/2021/EWSS/CLEANING/RFQ
APPOINTMENT OF A CLEANING SERVICE PROVIDER FOR A PERIOD OF
FIVE (5) MONTHS
DESCRIPTION: Appointment of a cleaning service provider for a
period of 5 months
DURATION: 5 months
PROPOSED BID PROCESS: RFQ
REQUESTOR: Rashid Marillier on behalf of the OHS Committee
DIVISION:
UNIT:
Facilities and Logistics
ISSUE DATE: 08th October 2021
CLOSING DATE: 25th October 2021 @ 11H00 a.m.
SUBMISSION OF PROPOSALS:
(One Hard Copy & A Soft Copy)
Proposals must be hand-delivered to TCTA’s offices
located at the address indicated below and
addressed to The Receiving Officer, and marked
89/2021/EWSS/CLEANING/RFQ on or before the
closing date and time:
265 West Avenue
Ground Floor
Tuinhof Building
Stinkhout Wing
Centurion
ENQUIRIES [email protected]
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BACKGROUND
TCTA is currently leasing office space situated at 265 West Avenue Tuinhof Building Stinkhout, which totals
to 4587m2. The space consists of the following: -
• 3,757 m2 office area
• 315m2 of store room space (Basement)
• 515m2 of balconies
The allocation of this space and the usage of it is as follows:-
Ground floor:-
Carpets 315m2
Ceramic Tiles 82.95m2
Vinyl tiles 9.33m2
Timber laminate 71.74m2
Single doors:-
• In partitioning
• In brick wall
1
2
Double doors:-
• In partitioning
• In brick wall
15
10
Glass View Panels:-
• 0.9m x 2.4m
• 2.7m x 2.4m
• 0.9m x 2.4m
2
1
5
High rise windows:-
• 1.5m x 1.88m
18
Sliding stack doors:-
• 2.4m x 0.900m
• 2.4m x 0.900m
3
8
Lobby areas including toilets, stairs and lifts Approximately 250m2
Meeting rooms There is a total of 5 meeting rooms.
4 meeting rooms measures approximately 70 m2
and 1 measure approximately 300 m2.
Male toilets 1 basin
2 x urinals
2 x toilet cubicles (Including disabled toilet)
Female toilets 1 basin
3 x toilet cubicles (Including disabled toilet)
1st floor:-
Carpets 737.74m2
Ceramic Tiles 33.67m2
Antistatic vinyl 21.54 m2
Timber Laminate 41.95 m2
Single doors:-
• In partitioning
• In brick wall
17
15
Double doors:-
• In partitioning
6
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BACKGROUND
Glass View panels
• 0.9 x 2.4m high
• 1.2 x 2.4m high
• 1.8 x 2.4m high
• 2.7 x 2.4m high
• 4.2 x 2.4m high
14
2
2
3
1
Windows
• 1.5 x 1.88m high
• 1.5 x 2.4m high
24
11
Lobby areas including toilets, stairs and lifts Approximately 250m2
Offices 12 offices;
10 offices measures approximately 25 m2 (fully
carpeted) and 10 offices measures approximately
40 m2 (laminate flooring).
Storerooms 2 storerooms each measuring approximately 35 m2.
Fully carpeted.
Meeting rooms 3 meeting rooms.
1 x measures approximately 50 m2.
1 x measures approximately 70 m2.
1 x measures approximately 30 m2.
Male toilets 1 basin
2 x urinals
2 x toilet cubicles
Female toilets 1 basin
3 x toilet cubicles
2nd floor:-
Carpets 656.45m2
Ceramic Tiles 24m2
Timber Laminate 69.25m2
Single doors:-
• 2.4 high x 4.4m long
23
8
Sliding doors:-
• In partitioning
3
Glass View panels
• 0.9 x 2.4m high
• 1.8 x 2.4m high
• 2.7 x 2.4m high
12
12
4
Windows
• 1.5 x 1.88m high
• 1.5 x 2.4m high
29
6
Lobby areas including toilets, stairs and lifts Approximately 250m2
Offices 21 offices;
19 offices measures approximately 25 m2 each
which is fully carpeted and 3 offices measures
approximately 40 m2 each with laminated flooring.
Storerooms 1 storeroom measuring approximately 20 m2. Fully
carpeted.
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BACKGROUND
Meeting rooms 1 meeting room.
1 x measures approximately 50 m2.
Library Measuring 40 m2. Fully carpeted
Knowledge Centre Measuring 40 m2. Fully carpeted
Male toilets 1 basin
2 x urinals
2 x toilet cubicles
Female toilets 1 basin
3 x toilet cubicles
3rd floor:-
Carpets 596.90m2
Ceramic Tiles 29m2
Antistatic vinyl tiles 45.50 m2
Timber Laminate 48.45m2
Single doors:-
• 2.4 high x 4.4m long
14
Sliding doors:-
• In partitioning
2
Glass View panels
• 0.9 x 2.4m high
• 1.8 x 2.4m high
• 2.7 x 2.4m high
• 3.6 x 2.4m high
• 5.4 x 2.4m high
• 0.9 x 2.4m high
7
1
3
1
1
4
Windows
• 1.5 x 1.88m high
• 1.5 x 2.4m high
31
6
Lobby areas including toilets, stairs and lifts Approximately 250m2
Offices 11 offices;
9 offices measures approximately 25 m2 (fully
carpeted) and 2 offices measures approximately 40
m2 (laminate flooring).
Storerooms 3 storerooms two measuring approximately 45 m2
and the other one 25 m2.
Meeting rooms 3 meeting rooms.
1 x measures approximately 70 m2.
1 x measures approximately 70 m2.
1 x measures approximately 20 m2.
Printing room 2 which is approximately 17 m2. And 10 m2. Both
are fully carpeted.
Male toilets 1 basin
2 x urinals
2 x toilet cubicles
Female toilets 1 basin
3 x toilet cubicles
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BACKGROUND
4th floor:-
Carpets 385.88m2
Ceramic Tiles 22.20m2
Antistatic vinyl tiles 9.66m2
Timber Laminate 115.83m2
Single doors:-
• 2.4 high x 4.4m long
21
7
Sliding doors:-
• In partitioning
• In brick wall
3
5
Glass View panels
• 0.9 x 2.4m high
• 1.8 x 2.4m high
• 2.7 x 2.4m high
• 8.2 x 2.4m high
12
5
2
1
Windows
• 1.5 x 1.88m high
• 1.5 x 2.4m high
10
12
Lobby areas including toilets, stairs and lifts Approximately 250m2
Offices 11 offices;
Office 1:- 50 m2. Laminate flooring
Office 2:- 25 m2. Carpet.
Office 3: 25 m2. Carpet.
Office 4: 25 m2. Carpet
Office 5:- 25 m2. Carpet
Office 6:- 25 m2. Carpet
Office 7:- 18 m2. Carpet
Office 8:- 35 m2. Laminate flooring
Open plan 1:- 120 m2 Carpet
Open plan 2: 100 m2 Carpet.
Office 9:- 25 m2. Carpet
Office 10:- 35 m2. Laminate flooring
Office 11:- Office 6:- 25 m2. Carpet
Lounge 60 m2. Laminate flooring
Storerooms 1 storeroom measuring approximately 32 m2.
Marley tiles
Printing rooms 2 x printing rooms;
1 measures 13 m2
1 measures 11 m2
Meeting rooms 2 meeting rooms.
1 x measures approximately 70 m2.
1 x measures approximately 20 m2.
Male toilets 1 basin
2 x urinals
2 x toilet cubicles
Female toilets 1 basin
3 x toilet cubicles
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Minimum Requirements
EVALUATION CRITERIA YES NO
Eligibility
Only EME with B-BBEE status level 1
Company experience:
Must have a minimum of two (2) years’ experience in the provision of cleaning
offices services with at least 2 contracts which are not older than 2 years. Contactable
references regarding the contracts must be provided and proof of the service level
agreement or a copy of the contract or a letter from the bidder’s customer confirming
the contract. Bidders must also complete Appendix 2. Form 1. TCTA will do a
reference check and failure to comply with this requirement will result in the bidder
being disqualified.
Supervisor Experience:
The supervisor must have a minimum of 3 years supervision experience in Cleaning,
Specialised cleaning, and Hygiene services. Bidders must also complete Appendix 3.
Form 2. TCTA will do a reference check.
Resource Plan
Does the resource plan comply with 1.2 of the Scope of Work. Complete Appendix 4.
if any of the above minimum requirements is not met, the tenderer/s will be disqualified.
Hourly rates for Cleaners and Supervisor
Supervisors i)
Cleaners ii)
The rates must be in line with the sectoral determination rates. Failure to meet the minimum
requirement will result in the bid being disqualified.
SCOPE OF WORK
DETAILED DESCRIPTION OF GOODS/SERVICES
Refer to Scope of Work.
RETURNABLES
MANDATORY NON-MANDATORY
Company Profile reflecting at least a minimum of two
(2) years’ experience in the provision of cleaning
offices services with at least 2 contracts which are not
older than 2 years
Tax Certificate
Proof of the service level agreement in the form of Letter
of Award or Purchase Order or letter from the bidder’s
customers confirming the two contracts.
SCM Biddings forms
At least two (2) reference letters for cleaning service
engagements. (Signed reference letters on client’s
letterheads)
Company registration certificate
Supervisor Experience:
The supervisor must have a minimum of 3 years
supervision experience in Cleaning. A full details CV
with references must be submitted.
CSD report
BBBEE certificate/sworn affidavit for EMEs
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TRANSFORMATION GOALS
Only EME with B-BBEE status level 1
PROPOSED PRICING SCHEDULE
Complete Appendix 5 and Appendix 6 for the pricing schedule. Complete the excel spread sheet only
Price must be reflected Excluding and Including VAT
All prices must include disbursements
Prices must be firm and unconditional.
1. SCOPE OF WORK
TCTA is looking to appoint an experienced and reputable Service Provider for the
provision of office cleaning services, the provision of all cleaning consumables, hygiene
services as per scope of work for period of 5 months.
The Service Provider will provide scheduled and reactive cleaning services to all areas of
the TCTA office in accordance with the agreed access times to specific areas and within
the provision of this specification and the service standards.
1.2 DAILY CLEANING SERVICES
1.2.1 Office Cleaning (Out of Office Hours, 18:00 – 8:00 Monday - Friday)
1.2.1.1 The office area must be cleaned by 08:00 from Monday to Friday (excluding public
holidays). (KPAs in 6.1.1.3.).
1.2.1.2 The team responsible for office cleaning, out of office hours, must be managed, always by
a supervisor.
1.2.1.3 Only the 2nd and 4th floor must be cleaned 3 times a week.
1.2.1.4 The teams’ KPAs are as follows: -
OFFICE CLEANING (OUT OF OFFICE HOURS, 18:00 – 8:00 MONDAY - FRIDAY)
KPA ACTIVITY FREQUENCY
Washing crockery
and cutlery Ground,
1st and 3rd floors
All crockery and cutlery must be washed and packed
away
Daily
Dusting (dry
cleaning) Ground, 1st
and 3rd floors
Dust all horizontal surfaces low level (tables, chairs,
partitions)
Daily
Dust off workstations, partitions and office furniture use a
damp and dry cloth only
Daily
Clean and polish fittings and handrails Daily
Dust all high ledges and fittings Tuesdays and
Thursdays
Vacuuming Ground,
1st and 3rd floors
High traffic areas (entrances/ reception, corridor/
boardrooms, library, printing rooms, spiral stair case, etc.
Daily
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OFFICE CLEANING (OUT OF OFFICE HOURS, 18:00 – 8:00 MONDAY - FRIDAY)
KPA ACTIVITY FREQUENCY
Normal traffic areas (offices) Daily
Low traffic areas (meeting rooms) Daily
Spot vacuum cleaning Daily
Waste disposal (Wet
and dry) all floors
Empty and clean ashtrays in designated smoking areas Daily
Empty and clean all waste bins at workstations, in
kitchens, etc.
Daily
Sort waste into the various categories (wet waste,
recyclable waste and general waste) weigh it, , record
information in sheet provided and remove it to the
respective areas
Daily
Cleaning of Ground,
1st and 3rd floors
Damp mop with soapy water (kitchens) Daily
Damp mop patio areas with soapy water Daily
Cleaning of all laminated floors as per manufactures
specifications
Mondays,
Wednesdays and
Fridays
Damp wipe and spot
clean Ground, 1st and
3rd floors
Spot clean all surfaces (walls, main entrance glass
doors, all glass panels switches, furniture)
Tuesdays and
Thursdays
Doormats and walls Tuesdays and
Thursdays
Windows Foyer doors and windows, offices and meeting rooms Mondays,
Wednesdays and
Fridays
Cleaning of kitchens
Ground, 1st and 3rd
floors
Clean floors and basins and wipe off all counter tops Daily
Wash crockery and cutlery and kitchen equipment e.g.
microwave ovens, etc.
Daily
Cleaning of balconies Cleaning of all the balconies by ensuring that there is no
dirt or leaves and that there is no growth of weeds or
grass or any vegetation present.
Daily
Cleaning of
basement parking
The basement parking bays and staircases must be
cleaned.
Tuesdays and Fridays
Cleaning of lifts Washing of lift floors with soapy water and cleaning lift
mirrors
Daily
1.2.2 Office Cleaning and Hygiene Services(During Office Hours)
1.2.2.1 Provision of the following resources:-
1.2.2.1.1.1 1 supervisor,
1.2.2.1.1.2 4 cleaners; one (1) cleaner per floor ground, 1st and 3rd floor and one cleaner
will clean the decommissioned 2nd and 4th floor on alternative days and
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1.2.2.1.1.3 2 cleaners to maintain cleanliness of the lobby areas including stairs, lifts and
toilets from 08:00 - 17:00 (9 hours including statutory lunch breaks) Monday to
Friday (excluding public holidays).
1.2.2.2 The team responsible for office cleaning, during office hours, must be managed, always
by a supervisor.
1.2.2.3 The teams’ KPAs are as follows:
OFFICE CLEANING (DURING OFFICE HOURS)
KPA ACTIVITY FREQUENCY
Washing of Dishes All kitchens must be cleaned. All crockery and cutlery must be
always washed and packed away. Dishwashers a provided for
bulk use.
Hourly
All dirty cups and plates must be cleared off from all workstations
in the open plan and office areas.
At two-hour
intervals
Preparing of
Meeting Rooms,
kitchens and
stocking of
beverages
Ensure that all meeting rooms are clean & tidy After each
meeting or
break Fresh water in jugs with glasses to be placed in all meeting rooms
Removal and replacement of dirty crockery and water jugs and
replenish
Ensure that the meeting rooms are supplied with stationery as
advised upon. (Stationery supplied by TCTA)
Daily
Filling up of urns, water jugs, water dispensing units and ensure
that consumables are filled up in all floors
Daily
Setting up tables for catered meals, serving it for all meetings and
cleaning up afterwards
As Required
Bar fridge to be stocked by 08:00 and if required during the day,
all soft drink cans must be washed off in bicarbonate of soda
before being stocked in the bar fridge.
As Required
Reception area Ensure that the reception area is clean and neat. Daily
Cleaning of high
touch areas
High touch areas, i.e. table tops, door handles, all working
surfaces must be cleaned off on a daily basis
Daily
Coordination of
groceries
Ensure that minimum stock levels of groceries in all kitchens are
maintained. Groceries will be supplied by TCTA.
Daily
Cleaning of
Ablution facilities
and lobby areas
Cleaning of toilets and lobby areas. Refer to the cleaning
standards
By 8:00 and 2
hourly intervals
thereafter Toilets and lobby areas must be cleaned and all consumables in
the toilets to be replenished on an ongoing basis.
Sweeping out of lifts
Cleaning of the mirrors in the toilets
A cleaning schedule will have to be attached on the
inside of the main door of each toilet on all the floors
outlying the following, but not limited to:
• The time the toilets were cleaned
• The name of the cleaner that cleaned the toilet
• Time the consumables were replaced
• Sign off by the supervisor at the start and end of each shift
Replenishing of hand soap, toilet rolls, paper towel rolls, hand
wipes, Sani Wipes and replace liner bags for the paper towel bins
As required
Breakages Identification and reporting of lost and damaged equipment Daily
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OFFICE CLEANING (DURING OFFICE HOURS)
KPA ACTIVITY FREQUENCY
Waste disposal
(Wet and dry) all
floors
Empty and clean ashtrays in designated smoking areas Daily
Empty and clean all waste bins at workstations, in kitchens, etc. Daily
Sort waste into the various categories (wet waste, recyclable
waste and general waste) weigh it, record information in sheet
provided and remove it to the respective areas
Daily
HYGIENE SERVICES DELIVERABLES
KPA ACTIVITY FREQUENCY
Replenishing of
hand soap
Liquid hand soap for the soap dispensers. (Specification as per
approved SABS requirements). There is existing equipment
which is provided for by the landlord.
Daily
Replenishing of
paper towel rolls
Paper towels for the Kimberly Clark hand dispenser units
(Specification as per approved SABS requirements). There is
existing equipment which is provided for by the landlord.
Tork paper towel dispensing units
Daily
Replacement of
liner bags for the
paper towel bins
Liner bags for the paper towel bins measuring approximately
550mm x 300 mm x 400mm. There is existing equipment which
is provided for by the landlord.
3 times daily
Replenishing of
toilet rolls
Provision of toilet rolls. Two ply toilet rolls in all the toilets.
(Specification as per approved SABS requirements). There is
existing toilet roll dispensing equipment which is provided for by
the landlord.
Daily
Hand wipes The provision of hand wipes (specification as per approved
SABS requirements). The hand wipes must be placed in the
lobby areas in a stainless-steel dispensing container at the
entrance doors with a waste stainless steel waste container and
plastic liner bags. The waste container must be emptied at least
thrice a day or before it is full.
Daily
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HYGIENE SERVICES DELIVERABLES
KPA ACTIVITY FREQUENCY
Hand wipes
equipment
The bidder must supply the stainless waste bin and the stainless
hand wipe dispensing container including all costs (installation
costs, removal costs and re-instatement costs at the end of the
contract)
Sani Wipes One dispensing unit must be placed in each toilet (not each toilet
cubicle) and it must be kept filled on a daily basis.
Daily
Sani Wipes
equipment
The dispensing unit must be made of stainless steel. All costs
(installation costs, removal costs and re-instatement costs at the
end of the contract) on a monthly rental basis. The provision of
Sani Seat Wipe unit (the wipes must be environmentally friendly).
Daily
1.3 NON-DAILY CLEANING SERVICES
1.3.1 Cleaning of IT Equipment
This requirement entails the cleaning, twice a month during office hours, of the following: -
1.3.1.1 14 monitors in the meeting rooms,
1.3.1.2 150 keyboards including laptops,
1.3.1.3 150 screens including laptops,
1.3.1.4 80 pc mouses and
1.3.1.5 150 telephone handset units.
As TCTA’s employees are working remotely these are indicative volumes and the
successful bidder will have to bill for the units cleaned.
1.3.2 Other Specialised Services (Outside of Office Hours)
OTHER SPECIALISED SERVICES (OUTSIDE OFFICE HOURS)
KPA ACTIVITY FREQUENCY
Hygiene Services
(Deep Cleansing)
• Deep cleaning of carpets in the office area approximately
3000 m2.
• Deep cleaning of 300 office chairs.
• Deep cleaning of 12 one seater couches and 30 two-
seater couches
• Deep cleaning of toilets
March 2022
Cleaning of windows • Cleaning of spiral staircase’s window panes (18 windows
x 1.5m (w) x 1.88m (h), stacked 3 high.) OHS
requirements to be observed when working at heights
exceeding 1.2 meters.
March 2022
Cleaning of pool
vehicles
• 7 x pool vehicles must be cleaned inside (vacuuming,
washing, wiping dusting) and outside (washing with
soapy water).
Weekly
Cleaning of
storerooms and
archives
• Sweeping and then the washing down of floors with
soapy water and the dusting the walls.
Monthly
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OTHER SPECIALISED SERVICES (OUTSIDE OFFICE HOURS)
KPA ACTIVITY FREQUENCY
Cleaning of
emergency exit stairs
• Sweeping of all the emergency exit stairs. Monthly
Other Cleaning • Sterilization of all water jugs.
• Dust all vertical surfaces (walls, cabinets etc.)
• Dust all window ledges (high and low)
• Dust all vertical blinds and pictures
1 x week
• Defrosting of fridges 2 x a month
1.4 CLEANING STANDARDS
Refer to Appendix 1 for the manufacturer’s specification on the process and requirements
for the cleaning of the:
• Tiles in the kitchens, lobby areas and bathrooms.
• Laminated flooring.
• Carpets.
1.5 GENERAL REQUIREMENTS
The successful bidder must deliver to the scope of work with due regard for the Basic
Conditions of Employment Act as amended, prevailing industry standards and norms,
industry acceptable training levels and any other relevant regulations (e.g. South African
Bureau of Standards (SABS) for all cleaning material, Occupational Health and Safety Act,
Act 85 of 1993 (OHS Act), Labour Relations Act as amended, Skills Development Act as
amended, and any Sectoral Determination as amended in the cleaning industry.
All cleaning personnel must be neatly clothed in protective clothing clearly showing the
company logo, including the following when needed:
o Headgear
o Eye protection
o Respiratory protection as and when required
o Protective hand gloves
o Safety Shoes
The successful bidder will have to provide uniforms for all their staff members taking into
consideration the following: -
o The successful bidder’s branding, company logo, etc must be clearly visible on the
uniforms.
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o Three (3) complete uniforms for the duration of the contract per cleaner.
o Two (2) sets of safety shoes for the duration of the contract per cleaner.
o The successful bidder must ensure that their staff’s uniforms are always clean and neat
during the duration of the contract.
Daily spot checks must be conducted by the supervisor and a report must be presented to
TCTA on a weekly basis outlining performance against output as defined in the KPAs for
the various deliverables. Material safety data sheets (MSDS) for all chemicals must always
be on the TCTA premises.
All cleaning equipment (vacuum cleaners, mops, brooms, buckets, etc,) must be provided
by the successful bidder and the maintenance of the equipment will be the bidder’s
responsibility. TCTA will cover the cost of the equipment.
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APPENDIX 1: CLEANING STANDARDS
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VACUUMING Regular/Daily vacuuming is the most important component of carpet maintenance. It is the primary means of removing dry soil, the basis of effective soiling control. Loose particles account for up to 80% of the total soil in a carpet, and become harder to remove the further they are pushed into the pile. Daily vacuuming removes loose soil from the installation and keeps damage from hard, sharp dirt particles to a minimum. Both medium and heavy contract locations should be vacuumed at least once daily. WET CLEANING Nexus recommends that wet cleaning should occur on a regular basis. The frequency of wet cleaning will depend on the level of traffic and the nature of soiling. Periodic wet cleaning is best left to the professional carpet cleaner, as he will be able to judge accurately which cleaning method will give optimum results. There are three methods at his disposal: ▪ Rotary brush shampooing ▪ Spray extraction (steam cleaning) ▪ Removal and washing method STAIN REMOVAL PROCEDURES Prompt action is important to prevent a spillage from penetrating the pile fibres and becoming permanent. It is advisable to have spot and stain removal products and equipment on hand for immediate use. If the nature of the spills is unknown, start with clean warm water or a mild crystallising carpet cleaning shampoo. If the stain persists, a specialised spot cleaning product should be used. Cleaning products should be checked for colourfastness on a hidden area of the carpet. Step 1 ▪ Remove any excess spillage immediately. ▪ Solids should be removed by scraping towards the centre of the stain with a spoon or palette
knife, preventing the substance from spreading. ▪ Liquids should be blotted up thoroughly using white tissues or paper towels, pressing them
down into the backing. Step 2 ▪ Determine exactly what has been split. ▪ Take not of the accompanying stain removal chart and apply the appropriate shampoo or
chemicals in small quantities to avoid over wetting the carpet. ▪ Work the stain from the edge inwards to prevent it spreading. ▪ Blot the carpet pile, rather than rubbing it. ▪ Rinse the treated area with clean water afterwards and avoid walking on the damp spot, as this
can cause quick re-soiling.
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REMOVAL OF URINE STAINS Blot the area with an absorbent cloth inwards to the centre from beyond the outside edge of the mark, using warm water and a household detergent, followed by plain water to remove any soapy residue. To remove the odour of urine, apply a solution of 1 tablespoon of vinegar to 500ml water. If the stain reappears, repeat the procedure. This reappearance of a stain is called “wicking” THE TREATMENT OF SPECIFIC STAINS Pre-test all cleaning solutions and detergents, on inconspicuous areas of the carpet before using ▪ Ammonia
White vinegar, rinse with plain water ▪ Beer/Blood
Detergent solution*, rinse with plain water ▪ Butter/fats/grease/crayon
Detergent solution*, rinse with plain water ▪ Carbon paper
Methylated/surgical spirits, detergent solution*, rinse with plain water ▪ Chewing Gum
Ice, then scrape hardened gum with knife ▪ Chocolate/cocoa
Detergent solution*, rinse with plain water ▪ Coal dust
Detergent solution*, rinse with plain water ▪ Coke/Pepsi/coffee
Detergent solution*, rinse with plain water ▪ Egg
Detergent solution*, rinse with plain water ▪ Fruit juice/gravy
Detergent solution*, rinse with plain water ▪ Hair lacquer/nail varnish
Surgical spirits/acetone ▪ Ice Cream/jelly
Detergent solution*, rinse with plain water ▪ Iodine
Sodium-thiosulphate ▪ Jam
Detergent solution*, rinse with plain water ▪ Milk/mustard
Detergent solution*, rinse with plain water ▪ Oil (Vegetable oil/suntan or baby oil)
Detergent solution*, rinse with plain water
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▪ Paint (Oil bound paint) Professional cleaner
▪ Water emulsion paint
Professional cleaner ▪ Shoe/furniture polish/wax
Detergent solution*, rinse with plain water ▪ Sauces
Methylated/surgical spirits, detergent solution*, rinse with plain water ▪ Spirits/syrup
Detergent solution*, rinse with plain water ▪ Tar/asphalt
Consult professional cleaner ▪ Vomit/faeces
Detergent solution*, white vinegar, rinse with plain water ▪ Varnish
Consult professional cleaner ▪ Wine
Detergent solution*, rinse with plain water
Ink: ▪ Ballpoint Pen
Methylated/surgical spirits/acetone
▪ Felt tip pen Acetone
▪ Fountain pen Detergent solution*, rinse with plain water
▪ Indian pen
Acetone ▪ Marking ink
Detergent solution*, plain water, acetone ▪ Red ink
Methylated/surgical spirits, detergent solution*, rinse with plain water
Note: In addition to the above maintenance guide Nexus recommends that the SABS - SANS 10245-1993 code of practice for the maintenance of textile floor coverings be followed.
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APPENDIX 2: COMPANY’S EXPERIENCE
FORM 1: COMPANY EXPERIENCE
Name of Tenderer: …...........................................………
Client Name
Office
Cleaning
(tick if
applicable)
Specialise
d cleaning
(tick if
applicable)
Hygiene
Services
(tick if
applicable)
Project start
and finish
dates
Client Contact
Person
Telephone
Number
Address
SIGNATURE: ............................................………
NAME OF BIDDER: ..............…....................................
(of person authorised to sign on behalf of the Tenderer)
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APPENDIX 3
FORM 2: SUPERVISOR’S EXPERIENCE
Name of Supervisor: ..............................................………
Identity Number .......................................................………
Client Name
Office
Cleaning
(tick if
applicable)
Specialise
d cleaning
(tick if
applicable)
Hygiene
Services
(tick if
applicable)
Project start
and finish
dates
Client Contact
Person
Telephone
Number
Address
Please attach a copy of the Supervisor’s identity document to this form.
Page 25 of 67
APPENDIX 4: RESOURCING PLAN
RESOURCE PLAN
Description Requirement Proposal
State the following: -
Outside office hours
cleaning
i) The amount of resources that will be
provided and their cleaning hours. (A
minimum of 20 person hours per
day must be demonstrated)
ii) The cleaning methods that will be
used for the office to be cleaned by
8:00?
Office hours cleaning iii) How will the supervisor manage the
6 day shift resources?
iv) Will these workers be part of the out
of office hours cleaning team?
If the answer is YES state how the
hours worked for each employee will
work in line with the Basic Conditions
of Employment Act and the minimum
hours worked?
v) Will these workers be part of the out
of office hours cleaning team and
how this will work?
Covering for
employees on leave
or absent
vi) What plans are in place to ensure
that the services are provided as per
the scope of works when cleaning
staff are absent?
List of cleaning
consumables to be
used each month
including the QTY as
a guide.
This list including the
quantities can be
varied.
Consumable (e.g. dishwashing soap) QTY Bidder proposed
quantities
i) Floor cleaner 20 litres
ii) Toilet Disinfectant 20 litres
iii) Moth balls for the urinals 5 kg
iv) Table polish 5 litres
v) Dishwashing liquid 10 litres
vi) Bleach 10 litres
vii) Liquid hand soap 15 litres
viii) Scouring sponge 50 pieces
ix) Dishcloths 15 pieces
x) Dishwasher tablets 2.5 kg
xi) Dishwasher salt 1.250 kg
xii) Flying and crawling insect killer 7.50 litres
xiii) Aerosol air freshener 15 litres
xiv)
Page 26 of 67
RESOURCE PLAN
Description Requirement Proposal
State the following: -
xv)
xvi)
xvii)
xviii)
xix)
xx)
Cleaning IT
Equipment
i) The days of the month this will be
done and the number of people
employed
ii) If employed will they be separate
workers , part of the office hours
workers or part of the out of office
hours workers
iii) The methods and the and the
cleaning equipment and chemicals
that will be used
Deep cleaning of soft
furnishing, carpets,
couches and chairs)
i) Will this be done during the week,
out of office hours or on the weekend
and the number of people employed
(or whether this service will be
subcontracted and to whom)
Deep cleaning of
toilets
i) How will this function be performed
outside of office hours?
Cleaning of windows
in spiral staircase
i) How will this function be performed?
Specify the type of equipment that
will be used and the amount of
resources.
Cleaning of pool
vehicles
i) State whether this will be done
during the week (out of office hours)
or on the weekend and the number
of people employed?
Cleaning of
storerooms and
archives
i) State whether this will be done
during the week (out of office hours)
or on the weekend and the number
of people employed?
Cleaning of
emergency exit stairs
i) State whether this will be done
during the week (out of office hours)
or on the weekend and the number
of people employed?
Sterilization of all
water jugs when
applicable
i) State whether this will be done
during the week (out of office hours)
or on the weekend and the number
of people employed?
Page 27 of 67
RESOURCE PLAN
Description Requirement Proposal
State the following: -
Dust all vertical
surfaces (walls,
cabinets etc.)
i) State whether this will be done
during the week (out of office hours)
or on the weekend and the number
of people employed?
Dust all window
ledges (high and low)
i) State whether this will be done
during the week (out of office hours)
or on the weekend and the number
of people employed?
Dust all vertical
blinds and pictures
i) State whether this will be done
during the week (out of office hours)
or on the weekend and the number
of people employed?
Defrosting of fridges i) State whether this will be done
during the week (out of office hours)
or on the weekend and the number
of people employed?
List of cleaning
Equipment to be
Utilised
No Description QTY Comments
Page 28 of 67
APPENDIX 5: CLEANERS RATES
COMPLETE THE EXCEL SPREAD SHEET
# DESCRIPTION AMOUNT
Cleaning sectoral determination R0,00
40 hours per week
9 hrs per day R0,00
Hourly wage x 45 hours R0,00
R0,00
15 days per year R0,00
10 days per year R0,00
3 days per year R0,00
R0,00
5,25% of monthly wage R0,00
4 weeks R0,00
1% of basic monthly wage R0,00
1% of basic monthly wage R0,00
1,52% per employee month R0,00
SDL = 1% of wage R0,00
R0,00
# DESCRIPTION AMOUNT
Cleaning sectoral determination R0,00
40 hours per week
9 hrs per day R0,00
Hourly wage x 45 hours R0,00
R0,00
15 days per year R0,00
10 days per year R0,00
3 days per year R0,00
R0,00
5,25% of monthly wage R0,00
4 weeks R0,00
1% of basic monthly wage R0,00
1% of basic monthly wage R0,00
1,52% per employee month R0,00
SDL = 1% of wage R0,00
R0,00
COID/WCA
NCCA/ Union levy fee
Training levy
Monthly labour cost per supervisor
2
Leave provisions
Annual leave
Sick leave
Family responsibility leave
3
Other: Employer contribution
Provident fund
Bonus
UIF
ITEM
1
Basic monthly wage cost
Hourly rate
Daily rate
Weekly wage cost
COMPLETE THE CELLS HIGHLIGHTED IN YELLOW ONLY
Monthly labour cost (per 1 cleaner)
3
2
1Daily rate
Weekly wage cost
SUPERVISOR'S MONTHLY COST
CLEANERS MONTHLY COST
Provident fund
Bonus
UIF
COID/WCA
NCCA/ Union levy fee
Training levy
Leave provisions
Annual leave
Sick leave
Family responsibility leave
Other: Employer contribution
ITEM
Basic monthly wage cost
Hourly rate
Page 29 of 67
APPENDIX 6: COSTING
COMPLETE THE EXCEL SPREAD SHEET
Description
Un
it
Qu
an
tity
Rate
Mo
nth
1
Mo
nth
2
Mo
nth
3
Mo
nth
4
Mo
nth
5
Administration cost Monthly 1 R 0,00 R 0,00 R 0,00 R 0,00 R 0,00
Consumables for office cleaning (E.g. Cleaning chemicals cost). **
Linked to resource plan Monthly 6 R 0,00 R 0,00 R 0,00 R 0,00 R 0,00
Office Cleaning (Out of Office hours) Monthly R0,00 R 0,00 R 0,00 R 0,00 R 0,00 R 0,00
Office hours Office Cleaning (During Office Hours) Monthly 6 R0,00 R 0,00 R 0,00 R 0,00 R 0,00 R 0,00
Supervisor Costs Monthly 1 R0,00 R 0,00 R 0,00 R 0,00 R 0,00 R 0,00
Cleaning of IT equipment Unit Cost 544 R 0,00 R 0,00 R 0,00 R 0,00 R 0,00
Other Specialised cleaning services
Deep cleaning of carpets, office chairs, couches and toilets Per cleaning 1 R 0,00
High rise windows Per cleaning 1 R 0,00
Cleaning of 8 pool vehicles weekly Monthly 32 R 0,00 R 0,00 R 0,00 R 0,00 R 0,00
Cleaning of storerooms and archives approximately 300 m2 Monthly 2 R 0,00 R 0,00 R 0,00 R 0,00 R 0,00
Cleaning of emergency exit stairs Monthly 2 R 0,00 R 0,00 R 0,00 R 0,00 R 0,00
Hygiene services
Liquid hand soap to top up dispensers litre 300 R 0,00 R 0,00 R 0,00 R 0,00 R 0,00
Paper towels for Kimberley Clark dispensers or equivalent Each 2 500 R 0,00 R 0,00 R 0,00 R 0,00 R 0,00
Hand paper towel bin liner bags: approximately 550mm x 300 mm
x 400mm Each 7 500 R 0,00 R 0,00 R 0,00 R 0,00 R 0,00
Two-ply toilet rolls Each 6 000 R 0,00 R 0,00 R 0,00 R 0,00 R 0,00
Hand wipes Each 3 500 R 0,00 R 0,00 R 0,00 R 0,00 R 0,00
Hand wipes dispensing unit stainless steel x 5, one on each floor.
Once off cost Each 5 R 0,00
Hand wipes stainless steel dispensing bin x 5, one on each floor.
10 litre bin prefered. Once off costEach 5 R 0,00
Hand wipe bin liner bags. The dimensions of the bags must match
the bins (10 litres) being supplied. Each 3 500 R 0,00 R 0,00 R 0,00 R 0,00 R 0,00
Sani seat wipes must be flushable Each 6 000 R 0,00 R 0,00 R 0,00 R 0,00 R 0,00
Sani seat wipe dispensing unit (stainless steel) x 10; one in each
toilet. Each 10 R 0,00
PPE EquipmentEach 1 R 0,00 R 0,00 R 0,00 R 0,00 R 0,00
UniformsEach 7 R 0,00
Equipment Cost. Once off costOnce off cost 1 R 0,00
SUBTOTAL PER YEAR R 0,00 R 0,00 R 0,00 R 0,00 R 0,00
TOTAL CONTRACT VALUE EXCLUDING VAT R 0,00
VAT R0,00
TOTAL CONTRACT VALUE INCLUDING VAT R0,00
COMPLETE THE CELLS HIGHLIGHTED IN YELLOW ONLY
Please note that the volumes indicated are contract indicative volumes only. The volumes will only be used to do the financial evaluation, but they do not create an obligation to
TCTA to actually incur these transaction volumes
Page 30 of 67
SBD 1
PART A: INVITATION TO BID
YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE (NAME OF DEPARTMENT/ PUBLIC ENTITY)
BID NUMBER: CLOSING DATE: CLOSING TIME:
DESCRIPTION
BID RESPONSE DOCUMENTS MAY BE DEPOSITED IN THE BID BOX SITUATED AT (STREET ADDRESS)
SUPPLIER INFORMATION
NAME OF BIDDER
POSTAL ADDRESS
STREET ADDRESS
TELEPHONE NUMBER CODE NUMBER
CELLPHONE NUMBER
FACSIMILE NUMBER CODE NUMBER
E-MAIL ADDRESS
VAT REGISTRATION NUMBER
SUPPLIER COMPLIANCE STATUS
TAX COMPLIANCE SYSTEM PIN:
OR CENTRAL SUPPLIER DATABASE No:
B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE
Yes No B-BBEE STATUS LEVEL SWORN AFFIDAVIT
Yes No
IF YES< WHO WAS THE CERTIFICATE ISSUED BY?
AN ACCOUTNING OFFICER AS CONTEMPLATED IN THE CLOSE CORPORATION ACT (CCA) AND NAME THE APPLIACABLE IN THE TICK BOX
AN ACCOUNTING OFFICER AS CONTEMPLATED IN THE CLOSE CORPORATION ACT (CCA)
A VERIFICATION AGENCY ACCREDITED BY THE SOUTH AFRICAN ACCREDITION SYSTEM (SANAS)
A REGISTERED AUDITOR
NAME:
[A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT (FOR EMES & QSEs) MUST BE
SUBMITTED IN ORDER TO QUALIFY FOR PREFERENCE POINTS FOR B-BBEE]
ARE YOU THE ACCREDITED REPRESENTATIVE IN SOUTH AFRICA FOR THE GOODS /SERVICES/ WORKS OFFERED?
Yes No
[IF YES ENCLOSE PROOF]
ARE YOU A FOREIGN BASED SUPPLIER FOR THE GOODS /SERVICES/ WORKS OFFERED?
Yes No
[IF YES, ANSWER THE PART B3 BELOW ]
SIGNATURE OF BIDDER DATE
CAPACITY UNDER WHICH THIS BID IS SIGNED (Attach proof of authority to sign this bid; e.g. resolution of directors, etc.)
TOTAL NUMBER OF ITEMS OFFERED
TOTAL BID PRICE (ALL INCLUSIVE)
Page 31 of 67
BIDDING PROCEDURE ENQUIRES MAY BE DIRECTED TO TECHNICAL ENQUIRIES MAY BE DIRECTED TO:
DEPARTMENT/PUBLIC ENTITY
CONTACT PERSON CONTACT PERSON
TELEPHONE NUMBER TELEPHONE NUMBER
FACSIMILE NUMBER FACSIMILE NUMBER
E-MAIL ADDRESS E-MAIL ADDRESS
Page 32 of 67
PART B: TERMS AND CONDITIONS FOR BIDDING
1. BID SUBMISSION:
1.1. BIDS MUST BE DELIVERED BY THE STIPULATED TIME TO THE CORRECT ADDRESS. LATE BIDS WILL
NOT BE ACCEPTED FOR CONSIDERATION.
1.2. ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS PROVIDED–(NOT TO BE RE-TYPED) OR
ONLINE.
1.3. BIDDERS MUST REGISTER ON THE CENTRAL SUPPLIER DATABASE (CSD) TO UPLOAD MANDATORY
INFORMATION NAMELY: (BUSINESS REGISTRATION / DIRECTORSHIP / MEMEBERSHIP / IDENTITY
NUMBERS; TAX COMPLIANCE STATUS; AND BANKING INFORMATION FOR VERIFICATION PURPOSES).
B-BBEE CERTIFICATE OR SWORN AFFIDAVIT FOR B-BBEE MUST BE SUBMITTED TO BIDDING
INSTITUTION.
1.4. WHERE A BIDDER IS NOT REGISTERED ON THE CSD, MANDATORY INFORMATION NAMELY: (BUSINESS
REGISTRATION / DIRECTORSHIP / MEMBERSHIP / IDENTITY NUMBERS; TAX COMPLANCE STATUS MAY
NOT BE SUMBITTED WITH THE BID DOCUMENT, B-BBEE CERTIFICATE OR SWORN AFFIDAVIT FOR B-
BBEE MUST BE SUMBITTED TO BIDDING INSTITUTION.
1.5. THIS BID IS SUBJECT TO THE PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT 2000 AND THE
PREFERENTIAL PROCUREMENT REGULATIONS, 2017, THE GENERAL CONDITIONS OF CONTRACT
(GCC) AND, IF APPLICABLE, ANY OTHER LEGISLATION OR SPEICAL CONDITIONS OF CONTRACT.
2. TAX COMPLIANCE REQUIREMENTS
2.1 BIDDERS MUST ENSURE COMPLIANCE WITH THEIR TAX OBLIGATIONS.
2.2 BIDDERS ARE REQUIRED TO SUBMIT THEIR UNIQUE PERSONAL IDENTIFICATION NUMBER (PIN) ISSUED
BY SARS TO ENABLE THE ORGAN OF STATE TO VIEW THE TAXPAYER’S PROFILE AND TAX STATUS.
2.3 APPLICATION FOR TAX COMPLIANCE STATUS (TCS) PIN MAY BE MADE VIA E-FILING. IN ORDER TO
USE THIS PROVISION, TAXPAYERS WILL NEED TO REGISTRER WITH SARS AS
E-FILERS THROUGH THE SARS WEBSITE WWW.SARS.GOV.ZA.
2.4 BIDDERS MAY ALSO SUBMIT A PRINTED TCS TOGETHER WITH THE BID.
2.5 IN BIDS WHERE CONSORTIA / JOINT VENTURE OR CONSORTIUMS / SUB-CONTRACTORS ARE
INVOLVED, EACH PARTY MUST SUBMIT A SEPARATE PROOF OF TCS CERTIFICATE / PIN / CSD NUMBER.
2.6 WHERE NO TCS PIN IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL SUPPLIER
DATABASE (CSD), A CSD NUMBER MUST BE PROVIDED.
3. QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS
3.1 IS THE BIDDER A RESIDENTOF THE REPUBLIC OF SOUTH AFRICA (RSA)? YES NO
3.2 DOES THE BIDDER HAVE A BRANCH IN THE RSA? YES NO
3.3 DOES THE BIDDER HAVE A PERMANENT ESTABLISHMENT IN THE RSA? YES NO
3.4 DOES THE BIDDER HAVE ANY SOURCE OF INCOME IN THE RSA? YES NO
IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN, IT IS NOT A REQUIREMENT TO OBTAIN A TAX
COMPLIANCE STATUS / TAX COMPLIANCE SYSTEM PIN CODE FROM THE SOUTH AFRICAN REVENUE SERVICE
(SARS) AND IF NOT REGISTER AS PER 2.3 ABOVE.
NB: FAILURE TO PROVIDE / OR COMPLY WITH ANY OF THE ABOVE PARTICULARS MAY
RENDER THE BID INVALID.
Page 33 of 67
SBD 4
DECLARATION OF INTEREST
1. Any legal person, including persons employed by the state¹, or persons having a kinship with
persons employed by the state, including a blood relationship, may make an offer or offers in terms
of this Request for Bid (includes a price quotation, advertised competitive bid, limited bid or
proposal). In view of possible allegations of favouritism, should the resulting bid, or part thereof, be
awarded to persons employed by the state, or to persons connected with or related to them, it is
required that the bidder or his/her authorised representative declare his/her position in relation to the
evaluating/adjudicating authority where-
- the bidder is employed by the state; and/or
- the legal person on whose behalf the bidding document is signed, has a relationship with
persons/a person who are/is involved in the evaluation and or adjudication of the bid(s), or
where it is known that such a relationship exists between the person or persons for or on whose
behalf the declarant acts and persons who are involved with the evaluation and or adjudication
of the bid.
2. In order to give effect to the above, the following questionnaire must be completed and
submitted with the bid.
2.1 Full Name of bidder or his or her representative: …………………………………………………...……
2.2 Identity Number: ……………………………………………………………………………………..………
2.3 Position occupied in the Company (director, shareholder, etc)1:
………….……………………………..
2.4 Company Registration Number: ……………………………………………………………………..…….
2.5 Tax Reference Number: ……………………………………………………………………………………
2.6 VAT Registration Number: ………………………………………………………..………………………..
2.6.1 The names of all directors / trustees / shareholders / members, their individual identity numbers,
tax reference numbers and, if applicable, employee / personal numbers must be indicated in
paragraph 3 below.
2.7 Are you or any person connected with the bidder presently employed by the
state?
YES / NO
1 “State” means –
(a) any national or provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act No. 1 of 1999);
(b) any municipality or municipal entity; (c) provincial legislature; (d) national Assembly or the national Council of provinces; or (e) Parliament.
Page 34 of 67
2.7.1 If so, furnish the following particulars:
Name of person / director / trustee / shareholder/ member:
……....………………………………………………………………………
Name of state institution at which you or the person connected to the bidder
is:
……………………………………………………………………………….
Position occupied in the state institution:
………………………………………………………………….……………
Any other particulars:
………………………………………………………………………………..
………………………………………………………………………………..
………………………………………………………………………………..
2.8 Did you or your spouse, or any of the company’s directors/ shareholders /
members or their spouses conduct business with the state in the previous
twelve months?
YES / NO
2.8.1 If so, furnish particulars:
………………………………………………………………………………..
………………………………………………………………………………..
………………………………………………………………………………..
2.9 Do you, or any person connected with the bidder, have any relationship
(family, friend, other) with a person employed by the state and who may be
involved with the evaluation and or adjudication of this bid?
YES / NO
2.9.1 If so, furnish particulars:
………………………………………………………………………………..
………………………………………………………………………………..
………………………………………………………………………………..
2.10 Are you, or any person connected with the bidder, aware of any relationship
(family, friend, other) between any other bidder and any person employed by the
state who may be involved with the evaluation and or adjudication of this bid?
YES / NO
2.10.1 If so, furnish particulars:
………………………………………………………………………………..
………………………………………………………………………………..
………………………………………………………………………………..
Page 35 of 67
2.11 Do you or any of the directors / shareholders / members of the company
have any interest in any other related companies whether or not they are
bidding for this contract?
YES / NO
2.11.1 If so, furnish particulars:
………………………………………………………………………………..
………………………………………………………………………………..
………………………………………………………………………………..
3. DECLARATION
I, THE UNDERSIGNED (NAME) ……………………………………………..………………… CERTIFY
THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2.1 TO 2.11.1ABOVE IS CORRECT.
I ACCEPT THAT THE STATE MAY REJECT THE BID OR ACT AGAINST ME IN TERMS OF
PARAGRAPH 23 OF THE GENERAL CONDITIONS OF CONTRACT SHOULD THIS
DECLARATION PROVE TO BE FALSE.
………………………………….. ..……………………………………………
Signature Date
…………………………………. ………………………………………………
Position Name of bidder
Page 36 of 67
SBD 5
This document must be signed and submitted together with your bid
THE NATIONAL INDUSTRIAL PARTICIPATION PROGRAMME
INTRODUCTION
The National Industrial Participation (NIP) Programme, which is applicable to all government
procurement contracts that have an imported content, became effective on the 1 September 1996.
The NIP policy and guidelines were fully endorsed by Cabinet on 30 April 1997. In terms of the
Cabinet decision, all state and parastatal purchases / lease contracts (for goods, works and
services) entered into after this date, are subject to the NIP requirements. NIP is obligatory and
therefore must be complied with. The Industrial Participation Secretariat (IPS) of the Department of
Trade and Industry (DTI) is charged with the responsibility of administering the programme.
1. PILLARS OF THE PROGRAMME
1.1. The NIP obligation is benchmarked on the imported content of the contract. Any contract
having an imported content equal to or exceeding US$ 10 million or other currency
equivalent to US$ 10 million will have a NIP obligation. This threshold of US$ 10 million can
be reached as follows:
a) Any single contract with imported content exceeding US$10 million. or
b) Multiple contracts for the same goods, works or services each with imported content
exceeding US$3 million awarded to one seller over a 2 year period which in total
exceeds US$10 million. or
c) A contract with a renewable option clause, where should the option be exercised the
total value of the imported content will exceed US$10 million. or
d) Multiple suppliers of the same goods, works or services under the same contract, where
the value of the imported content of each allocation is equal to or exceeds US$ 3 million
worth of goods, works or services to the same government institution, which in total
over a two (2) year period exceeds US$10 million.
1.2. The NIP obligation applicable to suppliers in respect of sub-paragraphs 1.1 (a) to 1.1 (c)
above will amount to 30 % of the imported content whilst suppliers in respect of paragraph
1.1 (d) shall incur 30% of the total NIP obligation on a pro-rata basis.
1.3. To satisfy the NIP obligation, the DTI would negotiate and conclude agreements such as
investments, joint venture or consortiums, sub-contracting, licensee production, export
promotion, sourcing arrangements and research and development (R&D) with partners or
suppliers.
Page 37 of 67
1.4. A period of seven years has been identified as the time frame within which to discharge the
obligation.
2. REQUIREMENTS OF THE DEPARTMENT OF TRADE AND INDUSTRY
2.1. In order to ensure effective implementation of the programme, successful bidders
(contractors) are required to, immediately after the award of a contract that is in excess of
R10 million (ten million Rands), submit details of such a contract to the DTI for reporting
purposes.
2.2. The purpose for reporting details of contracts in excess of the amount of R10 million (ten
million Rands) is to cater for multiple contracts for the same goods, works or services;
renewable contracts and multiple suppliers for the same goods, works or services under the
same contract as provided for in paragraphs 1.1.(b) to 1.1. (d) above.
3. BID SUBMISSION AND CONTRACT REPORTING REQUIREMENTS OF BIDDERS AND
SUCCESSFUL BIDDERS (CONTRACTORS)
3.1. Bidders are required to sign and submit this Standard Bidding Document (SBD 5) together
with the bid on the closing date and time.
3.2. In order to accommodate multiple contracts for the same goods, works or services;
renewable contracts and multiple suppliers for the same goods, works or services under the
same contract as indicated in sub-paragraphs 1.1 (b) to 1.1 (d) above and to enable the DTI
in determining the NIP obligation, successful bidders (contractors) are required,
immediately after being officially notified about any successful bid with a value in excess of
R10 million (ten million Rands), to contact and furnish the DTI with the following
information:
• Bid / contract number.
• Description of the goods, works or services.
• Date on which the contract was accepted.
• Name, address and contact details of the government institution.
• Value of the contract.
• Imported content of the contract, if possible.
3.3. The information required in paragraph 3.2 above must be sent to the Department of Trade
and Industry, Private Bag X 84, Pretoria, 0001 for the attention of Mr Elias Malapane within
five (5) working days after award of the contract. Mr Malapane may be contacted on
telephone (012) 394 1401, facsimile (012) 394 2401 or e-mail at [email protected] for
further details about the programme.
Page 38 of 67
4. PROCESS TO SATISFY THE NIP OBLIGATION
4.1. Once the successful bidder (contractor) has made contact with and furnished the DTI with
the information required, the following steps will be followed:
a) the contractor and the DTI will determine the NIP obligation;
b) the contractor and the DTI will sign the NIP obligation agreement;
c) the contractor will submit a performance guarantee to the DTI;
d) the contractor will submit a business concept for consideration and approval by the DTI;
e) upon approval of the business concept by the DTI, the contractor will submit detailed
business plans outlining the business concepts;
f) the contractor will implement the business plans; and
g) the contractor will submit bi-annual progress reports on approved plans to the DTI.
4.2. The NIP obligation agreement is between the DTI and the successful bidder (contractor)
and, therefore, does not involve the purchasing institution.
Bid number Closing date:
Name of bidder
Postal address
Name (in print) Date
Page 39 of 67
SBD 6
PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT
REGULATIONS 2017
This preference form must form part of all bids invited. It contains general information and serves
as a claim form for preference points for Broad-Based Black Economic Empowerment (B-BBEE)
Status Level of Contribution
NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL
CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF B-
BBEE, AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT REGULATIONS,
2017.
1. GENERAL CONDITIONS
1.1 The following preference point systems are applicable to all bids:
- the 80/20 system for requirements with a Rand value of up to R50 000 000 (all
applicable taxes included); and
- the 90/10 system for requirements with a Rand value above R50 000 000 (all
applicable taxes included).
1.2 The value of this bid is estimated to exceed R50 000 000 (all applicable taxes included) and
therefore the 90/10 preference point system shall be applicable; or
1.3 Points for this bid shall be awarded for:
(a) Price; and
(b) B-BBEE Status Level of Contributor.
1.4 The maximum points for this bid are allocated as follows:
POINTS
PRICE 90
B-BBEE STATUS LEVEL OF CONTRIBUTOR 10
Total points for Price and B-BBEE must not exceed 100
1.5 Failure on the part of a bidder to submit proof of B-BBEE Status level of contributor
together with the bid, will be interpreted to mean that preference points for B-BBEE status
level of contribution are not claimed.
1.6 The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or
at any time subsequently, to substantiate any claim in regard to preferences, in any manner
required by the purchaser.
2. DEFINITIONS
(a) “B-BBEE” means broad-based black economic empowerment as defined in section
1 of the Broad-Based Black Economic Empowerment Act;
(b) “B-BBEE status level of contributor” means the B-BBEE status of an entity in
terms of a code of good practice on black economic empowerment, issued in terms of
section 9(1) of the Broad-Based Black Economic Empowerment Act;
Page 40 of 67
(c) “bid” means a written offer in a prescribed or stipulated form in response to an
invitation by an organ of state for the provision of goods or services, through price
quotations, advertised competitive bidding processes or proposals;
(d) “Broad-Based Black Economic Empowerment Act” means the Broad-Based
Black Economic Empowerment Act, 2003 (Act No. 53 of 2003);
(e) “EME” means an Exempted Micro Enterprise in terms of a code of good practice on
black economic empowerment issued in terms of section 9 (1) of the Broad-Based
Black Economic Empowerment Act;
(f) “functionality” means the ability of a tenderer to provide goods or services in
accordance with specifications as set out in the tender documents.
(g) “prices” includes all applicable taxes less all unconditional discounts;
(h) “proof of B-BBEE status level of contributor” means:
1) B-BBEE Status level certificate issued by an authorized body or person;
2) A sworn affidavit as prescribed by the B-BBEE Codes of Good Practice;
3) Any other requirement prescribed in terms of the B-BBEE Act;
(i) “QSE” means a qualifying small business enterprise in terms of a code of good
practice on black economic empowerment issued in terms of section 9 (1) of the
Broad-Based Black Economic Empowerment Act;
(j) “rand value” means the total estimated value of a contract in Rand, calculated at the
time of bid invitation, and includes all applicable taxes;
3. POINTS AWARDED FOR PRICE
3.1 THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS
A maximum of 90 points is allocated for price on the following basis:
90/10
−−=
min
min190
P
PPtPs
Where:
Ps = Points scored for price of bid under consideration
Pt = Price of bid under consideration
Pmin = Price of lowest acceptable bid
Page 41 of 67
4. POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTOR
4.1 In terms of Regulation 6 (2) and 7 (2) of the Preferential Procurement Regulations,
preference points must be awarded to a bidder for attaining the B-BBEE status level of
contribution in accordance with the table below:
B-BBEE Status Level of Contributor
Number of points
(90/10 system)
1 10
2 9
3 6
4 5
5 4
6 3
7 2
8 1
Non-compliant contributor 0
5. BID DECLARATION
5.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must
complete the following:
6. B-BBEE STATUS LEVEL OF CONTRIBUTOR CLAIMED IN TERMS OF PARAGRAPHS
1.4 AND 4.1
6.1 B-BBEE Status Level of Contributor: . = ……… (maximum of 10 points)
(Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected
in paragraph 4.1 and must be substantiated by relevant proof of B-BBEE status level of
contributor.
7. SUB-CONTRACTING
7.1 Will any portion of the contract be sub-contracted?
(Tick applicable box)
YES NO
7.1.1 If yes, indicate:
i) What percentage of the contract will be subcontracted ............…………….…………%
ii) The name of the sub-contractor ……………………………………………………………..
iii) The B-BBEE status level of the sub-contractor .........................................……………..
iv) Whether the sub-contractor is an EME or QSE
(Tick applicable box)
YES NO
Page 42 of 67
v) Specify, by ticking the appropriate box, if subcontracting with an enterprise in terms of
Preferential Procurement Regulations,2017:
Designated Group: An EME or QSE which is at last 51% owned by:
EME
√
QSE
√
Black people
Black people who are youth
Black people who are women
Black people with disabilities
Black people living in rural or underdeveloped areas or townships
Cooperative owned by black people
Black people who are military veterans
OR
Any EME
Any QSE
8. DECLARATION WITH REGARD TO COMPANY/FIRM
8.1 Name of company/firm:…………………………………………………………………………….
8.2 VAT registration number:……………………………………….…………………………………
8.3 Company registration number:…………….……………………….…………………………….
8.4 TYPE OF COMPANY/ FIRM
Partnership/Joint venture or consortium / Consortium
One person business/sole propriety
Close corporation
Company
(Pty) Limited
[TICK APPLICABLE BOX]
8.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES
…………………………………………………………………………………………………………
…………………………………………………………………………………………………………
…………………………………………………………………………………………………………
……………………………………………………………………………………
8.6 COMPANY CLASSIFICATION
Manufacturer
Supplier
Professional service provider
Other service providers, e.g. transporter, etc.
[TICK APPLICABLE BOX]
Page 43 of 67
8.7 Total number of years the company/firm has been in business:……………………………
8.8 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm,
certify that the points claimed, based on the B-BBE status level of contributor indicated in
paragraphs 1.4 and 6.1 of the foregoing certificate, qualifies the company/ firm for the
preference(s) shown and I / we acknowledge that:
i) The information furnished is true and correct;
ii) The preference points claimed are in accordance with the General Conditions as
indicated in paragraph 1 of this form;
iii) In the event of a contract being awarded as a result of points claimed as shown in
paragraphs 1.4 and 6.1, the contractor may be required to furnish documentary proof to
the satisfaction of the purchaser that the claims are correct;
iv) If the B-BBEE status level of contributor has been claimed or obtained on a fraudulent
basis or any of the conditions of contract have not been fulfilled, the purchaser may, in
addition to any other remedy it may have –
(a) disqualify the person from the bidding process;
(b) recover costs, losses or damages it has incurred or suffered as a result of that
person’s conduct;
(c) cancel the contract and claim any damages which it has suffered as a result of
having to make less favourable arrangements due to such cancellation;
(d) recommend that the bidder or contractor, its shareholders and directors, or only
the shareholders and directors who acted on a fraudulent basis, be restricted by
the National Treasury from obtaining business from any organ of state for a
period not exceeding 10 years, after the audi alteram partem (hear the other side)
rule has been applied; and
(e) forward the matter for criminal prosecution.
WITNESSES
1. ……………………………………..
2. …………………………………….
SIGNATURE(S) OF BIDDERS(S)
DATE: …………,,,……………………………..
ADDRESS: ……………,,,…………………………..
……………,,,…………………………..
……………,,,…….…………………..
Page 44 of 67
SBD 7.2
CONTRACT FORM - RENDERING OF SERVICES
THIS FORM MUST BE FILLED IN DUPLICATE BY BOTH THE SERVICE PROVIDER (PART 1)
AND THE PURCHASER (PART 2). BOTH FORMS MUST BE SIGNED IN THE ORIGINAL SO
THAT THE SERVICE PROVIDER AND THE PURCHASER WOULD BE IN POSSESSION OF
ORIGINALLY SIGNED CONTRACTS FOR THEIR RESPECTIVE RECORDS.
PART 1 (TO BE FILLED IN BY THE SERVICE PROVIDER)
1. I hereby undertake to render services described in the attached bidding documents to
TRANS-CALEDON TUNNEL AUTHORITY in accordance with the requirements and task
directives / proposals specifications stipulated in Bid Number ……………………….………..
at the price/s quoted. My offer/s remain binding upon me and open for acceptance by the
Purchaser during the validity period indicated and calculated from the closing date of the
bid.
2. The following documents shall be deemed to form and be read and construed as part of
this agreement:
(i) Bidding documents, viz
- Invitation to bid’
- Purchase order / Letter of Award or acceptance;
- Tax clearance certificate;
- Pricing schedule(s);
- Filled in task directive/proposal;
- Preference claims for Broad Based Black Economic Empowerment Status
Level of Contribution in terms of the Preferential Procurement Regulations
2017;
- Declaration of interest;
- Declaration of bidder’s past SCM practices;
- Certificate of Independent Bid Determination;
- Special Conditions of Contract;
(ii) General Conditions of Contract; and
(iii) Other (specify)
Page 45 of 67
3. I confirm that I have satisfied myself as to the correctness and validity of my bid; that the
price(s) and rate(s) quoted cover all the services specified in the bidding documents; that
the price(s) and rate(s) cover all my obligations and I accept that any mistakes regarding
price(s) and rate(s) and calculations will be at my own risk.
4. I accept full responsibility for the proper execution and fulfilment of all obligations and
conditions devolving on me under this agreement as the principal liable for the due
fulfillment of this contract.
5. I declare that I have no participation in any collusive practices with any bidder or any other
person regarding this or any other bid.
6. I confirm that I am duly authorised to sign this contract.
NAME (PRINT): ……………………….……………….
CAPACITY: ………………………….…………….
SIGNATURE: ………………………….…………….
NAME OF FIRM: ………………………….…………….
DATE: …………………………….………….
WITNESSES
1. ……………………………………..
2. …………………………………….
Page 46 of 67
CONTRACT FORM - RENDERING OF SERVICES
PART 2 (TO BE FILLED IN BY THE PURCHASER)
1. I…………………………………. in my capacity as ……………...………………………………..
accept your bid under reference number ………………dated………………………for the
rendering of services indicated hereunder and/or further specified in the annexure(s).
2. An official order indicating service delivery instructions is forthcoming.
3. I undertake to make payment for the services rendered in accordance with the terms and
conditions of the contract, within 30 (thirty) days after receipt of an invoice.
DESCRIPTION OF
SERVICE
PRICE (ALL
APPLICABLE
TAXES INCLUDED)
COMPLETION
DATE
B-BBEE STATUS
LEVEL OF
CONTRIBUTION
MINIMUM
THRESHOLD FOR
LOCAL
PRODUCTION AND
CONTENT (if
applicable)
4. I confirm that I am duly authorised to sign this contract.
SIGNED AT ………………………………………ON………………………………..
NAME (PRINT) ………………………………………….
SIGNATURE …………………………………………
OFFICIAL STAMP
WITNESSES
1. ……………………………………..
2. …………………………………….
Page 47 of 67
SBD 8
DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES
1. This Standard Bidding Document must form part of all bids invited.
2. It serves as a declaration to be used by institutions in ensuring that when goods and
services are being procured, all reasonable steps are taken to combat the abuse of the
supply chain management system.
3. The bid of any bidder may be disregarded if that bidder, or any of its directors have-
a. abused the institution’s supply chain management system;
b. committed fraud or any other improper conduct in relation to such system; or
c. failed to perform on any previous contract.
4. In order to give effect to the above, the following questionnaire must be completed and
submitted with the bid.
Item Question Yes No
4.1 Is the bidder or any of its directors listed on the National Treasury’s Database of
Restricted Suppliers as companies or persons prohibited from doing business with
the public sector?
(Companies or persons who are listed on this Database were informed in
writing of this restriction by the Accounting Officer/Authority of the institution
that imposed the restriction after the audi alteram partem rule was applied).
The Database of Restricted Suppliers now resides on the National Treasury’s
website(www.treasury.gov.za) and can be accessed by clicking on its link at the
bottom of the home page.
4.1.1 If so, furnish particulars:
4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in
terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No
12 of 2004)?
The Register for Tender Defaulters can be accessed on the National
Treasury’s website (www.treasury.gov.za) by clicking on its link at the bottom
of the home page.
4.2.1 If so, furnish particulars:
Page 48 of 67
Item Question Yes No
4.3 Was the bidder or any of its directors convicted by a court of law (including a court
outside of the Republic of South Africa) for fraud or corruption during the past five
years?
4.3.1 If so, furnish particulars:
4.4 Was any contract between the bidder and any organ of state terminated during the
past five years on account of failure to perform on or comply with the contract?
4.4.1 If so, furnish particulars:
CERTIFICATION
I, THE UNDERSIGNED (FULL NAME)…………………………………………………
CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS TRUE
AND CORRECT.
I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE
TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.
………………………………………... ………………………….. Signature Date
………………………………………. ………………………….. Position Name of Bidder
Page 49 of 67
SBD 9
CERTIFICATE OF INDEPENDENT BID DETERMINATION
1. This Standard Bidding Document (SBD) must form part of all bids1 invited.
2. Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an
agreement between, or concerted practice by, firms, or a decision by an association of
firms, if it is between parties in a horizontal relationship and if it involves collusive bidding
(or bid rigging).2 Collusive bidding is a pe se prohibition meaning that it cannot be justified
under any grounds.
3. Treasury Regulation 16A9 prescribes that accounting officers and accounting authorities
must take all reasonable steps to prevent abuse of the supply chain management system
and authorizes accounting officers and accounting authorities to:
(a) disregard the bid of any bidder if that bidder, or any of its directors have abused the
institution’s supply chain management system and or committed fraud or any other
improper conduct in relation to such system.
(b) cancel a contract awarded to a supplier of goods and services if the supplier
committed any corrupt or fraudulent act during the bidding process or the execution of
that contract.
4 This SBD serves as a certificate of declaration that would be used by institutions to ensure
that, when bids are considered, reasonable steps are taken to prevent any form of bid-
rigging.
5 In order to give effect to the above, the attached Certificate of Bid Determination (SBD 9)
must be completed and submitted with the bid:
1 Includes price quotations, advertised competitive bids, limited bids and proposals. 2 Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to compete, secretly conspire to raise prices or lower the
quality of goods and / or services for purchasers who wish to acquire goods and / or services through a bidding process. Bid rigging is, therefore, an
agreement between competitors not to compete.
Page 50 of 67
CERTIFICATE OF INDEPENDENT BID DETERMINATION
I, the undersigned, in submitting the accompanying bid:
________________________________________________________________________
(Bid Number and Description)
in response to the invitation for the bid made by:
______________________________________________________________________________
(Name of Institution)
do hereby make the following statements that I certify to be true and complete in every respect:
I certify, on behalf of:_______________________________________________________ that:
(Name of Bidder)
1. I have read and I understand the contents of this Certificate;
2. I understand that the accompanying bid will be disqualified if this Certificate is found not to
be true and complete in every respect;
3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying bid,
on behalf of the bidder;
4. Each person whose signature appears on the accompanying bid has been authorized by
the bidder to determine the terms of, and to sign the bid, on behalf of the bidder;
5. For the purposes of this Certificate and the accompanying bid, I understand that the word
“competitor” shall include any individual or organization, other than the bidder, whether or
not affiliated with the bidder, who:
(a) has been requested to submit a bid in response to this bid invitation;
(b) could potentially submit a bid in response to this bid invitation, based on their
qualifications, abilities or experience; and
(c) provides the same goods and services as the bidder and/or is in the same line of
business as the bidder
6. The bidder has arrived at the accompanying bid independently from, and without
consultation, communication, agreement or arrangement with any competitor. However
communication between partners in a joint venture or consortium or consortium1 will not be
construed as collusive bidding.
1 Joint venture or consortium or Consortium means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill
and knowledge in an activity for the execution of a contract.
Page 51 of 67
7. In particular, without limiting the generality of paragraphs 6 above, there has been no
consultation, communication, agreement or arrangement with any competitor regarding:
(a) prices;
(b) geographical area where product or service will be rendered (market allocation)
(c) methods, factors or formulas used to calculate prices;
(d) the intention or decision to submit or not to submit, a bid;
(e) the submission of a bid which does not meet the specifications and conditions of the
bid; or
(f) bidding with the intention not to win the bid.
8. In addition, there have been no consultations, communications, agreements or
arrangements with any competitor regarding the quality, quantity, specifications and
conditions or delivery particulars of the products or services to which this bid invitation
relates.
9. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder,
directly or indirectly, to any competitor, prior to the date and time of the official bid opening
or of the awarding of the contract.
10. I am aware that, in addition and without prejudice to any other remedy provided to combat
any restrictive practices related to bids and contracts, bids that are suspicious will be
reported to the Competition Commission for investigation and possible imposition of
administrative penalties in terms of section 59 of the Competition Act No 89 of 1998 and or
may be reported to the National Prosecuting Authority (NPA) for criminal investigation and
or may be restricted from conducting business with the public sector for a period not
exceeding ten (10) years in terms of the Prevention and Combating of Corrupt Activities Act
No 12 of 2004 or any other applicable legislation.
………………………………………………… …………………………………
Signature Date
…………………………………………………. …………………………………
Position Name of Bidder
TRANS- CALEDON TUNNEL
AUTHORITY STANDARD CONDITIONS
OF CONTRACT
TCTA STANDARD CONDITIONS OF CONTRACT
NOTES
The purpose of this document is to:
1. Draw special attention to certain general conditions applicable to government bids,
contracts and orders; and
2. To ensure that suppliers be familiar with regard to the rights and obligations of all parties
involved in doing business with government. In this document words in the singular also
mean in the plural and vice versa and words in the masculine also mean in the feminine
and neuter.
• The General Conditions of Contract will form part of all bid documents and may not
be amended.
• Special Conditions of Contract (SCC) relevant to a specific bid, should be compiled
separately for every bid (if (applicable) and will supplement the General Conditions
of Contract. Whenever there is a conflict, the provisions in the SCC shall prevail.
TABLE OF CONTENTS
1. DEFINITIONS ........................................................................................................................................... 2
2. APPLICATION ......................................................................................................................................... 4
3. STANDARDS ........................................................................................................................................... 4
4. USE OF CONTRACT DOCUMENTS AND INFORMATION; INSPECTION. .......................................... 4
5. PATENT RIGHTS ..................................................................................................................................... 5
6. PERFORMANCE SECURITY .................................................................................................................. 5
7. INSPECTIONS, TESTS AND ANALYSES .............................................................................................. 5
8. PACKING ................................................................................................................................................. 6
9. DELIVERY AND DOCUMENTS ............................................................................................................... 7
10. INSURANCE ............................................................................................................................................ 7
11. TRANSPORTATION ................................................................................................................................ 7
12. INCIDENTAL SERVICES ......................................................................................................................... 7
13. SPARE PARTS ........................................................................................................................................ 8
14. WARRANTY ............................................................................................................................................. 8
15. PAYMENT ................................................................................................................................................ 9
16. PRICES .................................................................................................................................................... 9
17. CONTRACT AMENDMENTS ................................................................................................................... 9
18. ASSIGNMENT .......................................................................................................................................... 9
19. SUBCONTRACTS .................................................................................................................................... 9
20. DELAYS IN THE SUPPLIER’S PERFORMANCE ................................................................................... 9
21. PENALTIES ............................................................................................................................................ 10
22. TERMINATION FOR DEFAULT ............................................................................................................ 10
23. ANTI-DUMPING AND COUNTERVAILING DUTIES AND RIGHTS ..................................................... 11
24. FORCE MAJEURE ................................................................................................................................. 11
25. TERMINATION FOR INSOLVENCY ...................................................................................................... 12
26. SETTLEMENT OF DISPUTES ............................................................................................................... 12
27. LIMITATION OF LIABILITY ................................................................................................................... 12
28. GOVERNING LANGUAGE .................................................................................................................... 13
29. APPLICABLE LAW ................................................................................................................................ 13
30. NOTICES ................................................................................................................................................ 13
31. TAXES AND DUTIES ............................................................................................................................. 13
32. TRANSFER OF CONTRACTS .............................................................................................................. 13
33. AMENDMENT OF CONTRACTS ........................................................................................................... 14
34. PROHIBITION OF RESTRICTED PRACTICES .................................................................................... 14
2
1. DEFINITIONS
The following terms shall be interpreted as indicated:
1.1 “Contract” means the written agreement entered into between the purchaser and the
supplier, as recorded in the contract form signed by the parties, including all attachments
and appendices thereto and all documents incorporated by reference therein.
1.2 “Contract price” means the price payable to the supplier under the contract for the full
and proper performance of the supplier’s contractual obligations.
1.3 “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value
to influence the action of a public official in the procurement process or in contract
execution.
1.4 "Countervailing duties" are imposed in cases where an enterprise abroad is subsidized
by its government and encouraged to market its products internationally.
1.5 “Country of origin” means the place where the goods were mined, grown or produced or
from which the services are supplied. Goods are produced when, through manufacturing,
processing or substantial and major assembly of components, a commercially recognized
new product results that is substantially different in basic characteristics or in purpose or
utility from its components.
1.6 “Day” means calendar day.
1.7 “Delivery” means delivery in compliance of the conditions of the contract or purchase order.
1.8 “Delivery ex stock” means immediate delivery directly from stock actually on hand.
1.9 “Delivery into consignees store or to his site” means delivered and unloaded in the
specified store or depot or on the specified site in compliance with the conditions of the
contract or purchase order, the supplier bearing all risks and charges involved until the
supplies or goods are so delivered and a valid receipt is obtained.
1.10 "Dumping" occurs when a private enterprise abroad market its goods on own initiative in
the Republic at lower prices than that of the country of origin and which have the potential
to harm the local industries in the Republic.
1.11 ”Force majeure” means an event beyond the control of the supplier and not involving the
supplier’s fault or negligence and not foreseeable. Such events may include, but is not
restricted to, acts of the purchaser in its sovereign capacity, wars or revolutions, fires,
floods, epidemics, quarantine restrictions and freight embargoes.
1.12 “Fraudulent practice” means a misrepresentation of facts in order to influence a
procurement process or the execution of a contract to the detriment of any bidder, and
includes collusive practice among bidders (prior to or after bid submission) designed to
establish bid prices at artificial non-competitive levels and to deprive the bidder of the
benefits of free and open competition.
3
1.13 “GCC” means the General Conditions of Contract.
1.14 “Goods” means all of the equipment, machinery, and/or other materials other than
services that the supplier is required to supply to the purchaser under the contract or
purchase order.
1.15 “Imported content” means that portion of the bidding price represented by the cost of
components, parts or materials which have been or are still to be imported (whether by the
supplier or his subcontractors) and which costs are inclusive of the costs abroad, plus
freight and other direct importation costs such as landing costs, dock dues, import duty,
sales duty or other similar tax or duty at the South African place of entry as well as
transportation and handling charges to the factory in the Republic where the supplies
covered by the bid will be manufactured.
1.16 “Local content” means that portion of the bidding price which is not included in the
imported content provided that local manufacture does take place.
1.17 “Manufacture” means the production of products in a factory using labour, materials,
components and machinery and includes other related value-adding activities.
1.18 “Purchase Order” means an official written order issued for the supply of goods or works
or the rendering of a service.
1.19 “Project site,” where applicable, means the place indicated in bidding documents,
contract or purchase, where the goods or services will be delivered or rendered.
1.20 “Purchaser” means the organization purchasing the goods or services, and in this
instance means Trans-Caledon Tunnel Authority (“TCTA”).
1.21 “Republic” means the Republic of South Africa.
1.22 “SCC” means the Special Conditions of Contract.
1.23 “Services” means those functional services ancillary to the supply of the goods, such as
transportation and any other incidental services, such as installation, commissioning,
provision of technical assistance, training, catering, gardening, security, maintenance and
other such obligations of the supplier covered under the contract.
1.24 “Supplier” means the successful bidder who is awarded the contract to maintain and
administer the required and specified services and supply the required and specified
goods.
1.25 “Tort” means in breach of contract.
1.26 “Turnkey” means a procurement process where one supplier assumes total responsibility
for all aspects of the project and delivers the full end product / service required under the
contract.
4
1.27 “Written” or “in writing” means handwritten in ink or any form of electronic or mechanical
writing.
2. APPLICATION
2.1. These general conditions are applicable to all bids, contracts and purchase orders
including bids for functional and professional services, sales, hiring, letting and the granting
or acquiring of rights, but excluding immovable property, unless otherwise indicated in the
bidding documents.
2.2. Where applicable, special conditions of contract are also laid down to cover specific
supplies, services or works.
2.3. Where such special conditions of contract are in conflict with these general conditions, the
special conditions shall apply.
3. STANDARDS
3.1. The goods supplied shall conform to the standards mentioned in the bidding documents
and specifications.
4. USE OF CONTRACT DOCUMENTS AND INFORMATION; INSPECTION.
4.1. The supplier shall not, without the purchaser’s prior written consent, disclose the contract,
or any provision thereof, or any specification, plan, drawing, pattern, sample, or information
furnished by or on behalf of the purchaser in connection therewith, to any person other
than a person employed by the supplier in the performance of the contract. Disclosure to any
such employed person shall be made in confidence and shall extend only so far as may be
necessary for purposes of such performance.
4.2. The supplier shall not, without the purchaser’s prior written consent, make use of any
document or information mentioned in GCC clause 5.1 except for purposes of performing
the contract.
4.3. Any document, other than the contract itself mentioned in GCC clause 5.1 shall remain the
property of the purchaser and shall be returned (all copies) to the purchaser on completion
of the supplier’s performance under the contract if so required by the purchaser.
4.4. The supplier shall permit the purchaser to inspect the supplier’s records relating to the
performance of the supplier and to have them audited by auditors appointed by the
purchaser, if so required by the purchaser.
5
5. PATENT RIGHTS
5.1. The supplier shall indemnify the purchaser against all third-party claims of infringement of
patent, trademark, or industrial design rights arising from use of the goods or any part
thereof by the purchaser.
6. PERFORMANCE SECURITY
6.1. Within thirty (30) days of receipt of the notification of contract award the successful bidder
shall, where applicable, furnish to the purchaser the performance security of the amount
specified in SCC.
6.2. The proceeds of the performance security shall be payable to the purchaser as
compensation for any loss resulting from the supplier’s failure to complete his obligations
as set out in the contract.
6.3. The performance security shall be denominated in the currency of the contract, or in a
freely convertible currency acceptable to the purchaser and shall be in one of the following
forms:
(a) a bank guarantee or an irrevocable letter of credit issued by a reputable bank
located in the purchaser’s country or abroad, acceptable to the purchaser, in the form
provided in the bidding documents or another form acceptable to the purchaser; or
(b) a cashier’s or certified cheque.
6.4. The performance security will be discharged by the purchaser and returned to the supplier
not later than thirty (30) days following the date of completion of the supplier’s
performance obligations as set out in the contract, including any warranty obligations,
unless otherwise specified in SCC.
7. INSPECTIONS, TESTS AND ANALYSES
7.1. All pre-bidding testing will be for the account of the bidder.
7.2. If it is a bid condition that supplies to be produced or services to be rendered should at any
stage during production or execution or on completion be subject to inspection, the
premises of the bidder or contractor shall be open, at all reasonable hours, for inspection
by a representative of the purchaser.
7.3. If there are no inspection requirements indicated in the bidding documents and no mention
is made in the contract, but during the contract period it is decided that inspections shall
be carried out, the purchaser shall itself make the necessary arrangements, including
payment arrangements with the testing authority concerned.
6
7.4. If the inspections, tests and analyses referred to in clauses 8.2 and 8.3 show the supplies
to be in accordance with the contract requirements, the cost of the inspections, tests and
analyses shall be defrayed by the purchaser.
7.5. Where the supplies or services referred to in clauses 8.2 and 8.3 do not comply with the
contract requirements, irrespective of whether such supplies or services are accepted or
not, the cost in connection with these inspections, tests or analyses shall be defrayed by
the supplier.
7.6. Supplies and services which are referred to in clauses 8.2 and 8.3 and which do not
comply with the contract requirements may be rejected.
7.7. Any contract supplies may on or after delivery be inspected, tested or analyzed and may
be rejected if found not to comply with the requirements of the contract. Such rejected
supplies shall be held at the cost and risk of the supplier who shall, when called upon,
remove them immediately at his own cost and forthwith substitute them with supplies which
do comply with the requirements of the contract. Failing such removal the rejected supplies
shall be returned at the suppliers cost and risk. Should the supplier fail to provide the
substitute supplies forthwith, the purchaser may, without giving the supplier further
opportunity to substitute the rejected supplies, purchase such supplies as may be
necessary at the expense of the supplier.
7.8. The provisions of clauses 8.4 to 8.7 shall not prejudice the right of the purchaser to cancel
the contract on account of a breach of the conditions thereof, or to act in terms of clause
23 of GCC.
8. PACKING
8.1. The supplier shall provide such packing of the goods as is required to prevent their
damage or deterioration during transit to their final destination, as indicated in the contract.
The packing shall be sufficient to withstand, without limitation, rough handling during
transit and exposure to extreme temperatures, salt and precipitation during transit, and
open storage. Packing, case size and weights shall take into consideration, where
appropriate, the remoteness of the goods’ final destination and the absence of heavy
handling facilities at all points in transit.
8.2. The packing, marking, and documentation within and outside the packages shall comply
strictly with such special requirements as shall be expressly provided for in the contract,
including additional requirements, if any, specified in SCC, and in any subsequent
instructions ordered by the purchaser.
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9. DELIVERY AND DOCUMENTS
9.1. Delivery of the goods shall be made by the supplier in accordance with the terms specified
in the contract. The details of shipping and/or other documents to be furnished by the
supplier are specified in SCC.
9.2. Documents to be submitted by the supplier are specified in SCC.
10. INSURANCE
10.1. The goods supplied under the contract shall, where applicable, be fully insured in a freely
convertible currency against loss or damage incidental to manufacture or acquisition,
transportation, storage and delivery in the manner specified in the SCC.
11. TRANSPORTATION
11.1. Should a price other than an all-inclusive delivered price be required, this shall be
specified in the SCC.
12. INCIDENTAL SERVICES
12.1. The supplier may, where applicable, be required to provide any or all of the following
services, including additional services, if any, specified in SCC:
(a) performance or supervision of on-site assembly and/or commissioning of the
supplied goods;
(b) furnishing of tools required for assembly and/or maintenance of the supplied goods;
(c) furnishing of a detailed operations and maintenance manual for each appropriate
unit of the supplied goods;
(d) performance or supervision or maintenance and/or repair of the supplied goods, for
a period of time agreed by the parties, provided that this service shall not relieve the
supplier of any warranty obligations under this contract; and
(e) training of the purchaser’s personnel, at the supplier’s plant and/or on-site, in
assembly, start- up, operation, maintenance, and/or repair of the supplied goods.
12.2. Prices charged by the supplier for incidental services, if not included in the contract price
for the goods, shall be agreed upon in advance by the parties and shall not exceed the
prevailing rates charged to other parties by the supplier for similar services.
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13. SPARE PARTS
13.1. As specified in SCC, the supplier may be required to provide any or all of the following
materials, notifications, and information pertaining to spare parts manufactured or
distributed by the supplier:
(a) such spare parts as the purchaser may elect to purchase from the supplier, provided
that this election shall not relieve the supplier of any warranty obligations under the
contract; and
(b) in the event of termination of production of the spare parts:
i. Advance notification to the purchaser of the pending termination, in sufficient
time to permit the purchaser to procure needed requirements; and
ii. following such termination, furnishing at no cost to the purchaser, the blueprints,
drawings, and specifications of the spare parts, if requested.
14. WARRANTY
14.1. The supplier warrants that the goods supplied under the contract are new, unused, of the
most recent or current models, and that they incorporate all recent improvements in design
and materials unless provided otherwise in the contract. The supplier further warrants that
all goods supplied under this contract shall have no defect, arising from design, materials,
or workmanship (except when the design and/or material is required by the purchaser’s
specifications) or from any act or omission of the supplier, that may develop under normal
use of the supplied goods in the conditions prevailing in the country of final destination.
14.2. This warranty shall remain valid for twelve (12) months after the goods, or any portion
thereof as the case may be, have been delivered to and accepted at the final destination
indicated in the contract, or for eighteen (18) months after the date of shipment from the
port or place of loading in the source country, whichever period concludes earlier, unless
specified otherwise in SCC.
14.3. The purchaser shall promptly notify the supplier in writing of any claims arising under this
warranty.
14.4. Upon receipt of such notice, the supplier shall, within the period specified in SCC and with
all reasonable speed, repair or replace the defective goods or parts thereof, without costs to
the purchaser.
14.5. If the supplier, having been notified, fails to remedy the defect(s) within the period
specified in SCC, the purchaser may proceed to take such remedial action as may be
necessary, at the supplier’s risk and expense and without prejudice to any other rights
which the purchaser may have against the supplier under the contract.
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15. PAYMENT
15.1. The method and conditions of payment to be made to the supplier under this contract
shall be specified in SCC.
15.2. The supplier shall furnish the purchaser with an invoice accompanied by a copy of
the delivery note and upon fulfillment of other obligations stipulated in the contract.
15.3. Payments shall be made promptly by the purchaser, but in no case later than thirty (30)
days after submission of an invoice or claim by the supplier.
15.4. Payment will be made in Rand unless otherwise stipulated in SCC.
16. PRICES
16.1. Prices charged by the supplier for goods delivered and services performed under the
contract shall not vary from the prices quoted by the supplier in his bid, with the exception of
any price adjustments authorized in SCC or in the purchaser’s request for bid validity
extension, as the case may be.
17. CONTRACT AMENDMENTS
17.1. No variation in or modification of the terms of the contract shall be made except by written
amendment signed by the parties concerned.
18. ASSIGNMENT
18.1. The supplier shall not assign to any person, in whole or in part, its obligations to perform
under the contract, except with the purchaser’s prior written consent.
19. SUBCONTRACTS
19.1. The supplier shall notify the purchaser in writing of all subcontracts awarded under this
contracts if not already specified in the bid. Such notification, in the original bid or later,
shall be in accordance with regulation 12 Preferential Procurement Regulations, 2017, and
not relieve the supplier from any liability or obligation under the contract.
20. DELAYS IN THE SUPPLIER’S PERFORMANCE
20.1. Delivery of the goods and performance of services shall be made by the supplier in
accordance with the time schedule prescribed by the purchaser in the contract.
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20.2. If at any time during performance of the contract, the supplier or its subcontractor(s)
should encounter conditions impeding timely delivery of the goods and performance of
services, the supplier shall promptly notify the purchaser in writing of the fact of the delay, its
likely duration and its cause(s). As soon as practicable after receipt of the supplier’s notice,
the purchaser shall evaluate the situation and may at his discretion extend the supplier’s
time for performance, with or without the imposition of penalties, in which case the
extension shall be ratified by the parties by amendment of contract.
20.3. The right is reserved to procure outside of the contract small quantities or to have minor
essential services executed if an emergency arises, the supplier’s point of supply is not
situated at or near the place where the supplies are required, or the supplier’s services are
not readily available.
20.4. Except as provided under GCC Clause 25, a delay by the supplier in the performance of
its delivery obligations shall render the supplier liable to the imposition of penalties,
pursuant to GCC Clause 22, unless an extension of time is agreed upon pursuant to GCC
Clause 22.2 without the application of penalties.
20.5. Upon any delay beyond the delivery period in the case of a supplies contract, the
purchaser shall, without canceling the contract, be entitled to purchase supplies of a similar
quality and up to the same quantity in substitution of the goods not supplied in conformity
with the contract and to return any goods delivered later at the supplier’s expense and risk,
or to cancel the contract and buy such goods as may be required to complete the contract
and without prejudice to his other rights, be entitled to claim damages from the supplier.
21. PENALTIES
21.1. Subject to GCC Clause 25, if the supplier fails to deliver any or all of the goods or to
perform the services within the period(s) specified in the contract, the purchaser shall,
without prejudice to its other remedies under the contract, deduct from the contract price,
as a penalty, a sum calculated on the delivered price of the delayed goods or unperformed
services using the current prime interest rate calculated for each day of the delay until
actual delivery or performance. The purchaser may also consider termination of the
contract pursuant to GCC Clause 23.
22. TERMINATION FOR DEFAULT
22.1. The purchaser, without prejudice to any other remedy for breach of contract, by written
notice of default sent to the supplier, may terminate this contract in whole or in part:
(a) if the supplier fails to deliver any or all of the goods within the period(s) specified in
the contract, or within any extension thereof granted by the purchaser pursuant to
GCC Clause 21.2;
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(b) if the Supplier fails to perform any other obligation(s) under the contract; or
(c) if the supplier, in the judgment of the purchaser, has engaged in corrupt or
fraudulent practices in competing for or in executing the contract.
22.2. In the event the purchaser terminates the contract in whole or in part, the purchaser may
procure, upon such terms and in such manner as it deems appropriate, goods, works or
services similar to those undelivered, and the supplier shall be liable to the purchaser for
any excess costs for such similar goods, works or services. However, the supplier shall
continue performance of the contract to the extent not terminated.
23. ANTI-DUMPING AND COUNTERVAILING DUTIES AND RIGHTS
23.1. When, after the date of bid, provisional payments are required, or antidumping or
countervailing duties are imposed, or the amount of a provisional payment or anti-dumping
or countervailing right is increased in respect of any dumped or subsidized import, the
purchaser is not liable for any amount so required or imposed, or for the amount of any
such increase. When, after the said date, such a provisional payment is no longer required
or any such anti-dumping or countervailing right is abolished, or where the amount of such
provisional payment or any such right is reduced, any such favourable difference shall on
demand be paid forthwith by the supplier to the purchaser or the latter may deduct such
amounts from moneys (if any) which may otherwise be due to the suppler in regard to
supplies or services which he delivered or rendered, or is to deliver or render in terms of
the contract or any other contract or any other amount which may be due to him.
24. FORCE MAJEURE
24.1. Notwithstanding the provisions of GCC Clauses 22 and 23, the supplier shall not be liable
for forfeiture of its performance security, damages, or termination for default if and to the
extent that his delay in performance or other failure to perform his obligations under the
contract is the result of an event of force majeure.
24.2. If a force majeure situation arises, the supplier shall promptly notify the purchaser in
writing of such condition and the cause thereof. Unless otherwise directed by the
purchaser in writing, the supplier shall continue to perform its obligations under the
contract as far as is reasonably practical, and shall seek all reasonable alternative means
for performance not prevented by the force majeure event.
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25. TERMINATION FOR INSOLVENCY
25.1. The purchaser may at any time terminate the contract by giving written notice to the
supplier if the supplier becomes bankrupt or otherwise insolvent. In this event, termination
will be without compensation to the supplier, provided that such termination will not
prejudice or affect any right of action or remedy which has accrued or will accrue
thereafter to the purchaser.
26. SETTLEMENT OF DISPUTES
26.1. If any dispute or difference of any kind whatsoever arises between the purchaser and the
supplier in connection with or arising out of the contract, the parties shall make every effort
to resolve amicably such dispute or difference by mutual consultation.
26.2. If, after thirty (30) days, the parties have failed to resolve their dispute or difference by
such mutual consultation, then either the purchaser or the supplier may give notice to the
other party of his intention to commence with mediation. No mediation in respect of this
matter may be commenced unless such notice is given to the other party.
26.3. Should it not be possible to settle a dispute by means of mediation, it may be settled in a
South African court of law.
26.4. Mediation proceedings shall be conducted in accordance with the rules of procedure
specified in the SCC.
26.5. Notwithstanding any reference to mediation and/or court proceedings herein,
(a) the parties shall continue to perform their respective obligations under the contract
unless they otherwise agree; and
(b) the purchaser shall pay the supplier any monies due the supplier for goods delivered
and /or services rendered according to the prescripts of the contract.
27. LIMITATION OF LIABILITY
27.1. Except in cases of criminal negligence or willful misconduct, and in the case of
infringement pursuant to Clause 6;
(a) the supplier shall not be liable to the purchaser, whether in contract, tort, or
otherwise, for any indirect or consequential loss or damage, loss of use, loss of
production, or loss of profits or interest costs, provided that this exclusion shall not
apply to any obligation of the supplier to pay penalties and/or damages to the
purchaser; and
(b) the aggregate liability of the supplier to the purchaser, whether under the contract, in
tort or otherwise, shall not exceed the total contract price, provided that this limitation
shall not apply to the cost of repairing or replacing defective equipment.
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28. GOVERNING LANGUAGE
28.1. The contract shall be written in English. All correspondence and other documents
pertaining to the contract that is exchanged by the parties shall also be written in English.
29. APPLICABLE LAW
29.1. The contract shall be interpreted in accordance with South African laws, unless otherwise
specified in SCC.
30. NOTICES
30.1. Every written acceptance of a bid shall be posted or communicated to the supplier
concerned by registered or certified mail or electronic mail and any other notice to him
shall be posted by ordinary mail or electronic mail to the address furnished in his bid or to
the address notified later by him in writing and such posting shall be deemed to be proper
service of such notice.
30.2. The time mentioned in the contract documents for performing any act after such aforesaid
notice has been given, shall be reckoned from the date of posting of such notice.
31. TAXES AND DUTIES
31.1. A foreign supplier shall be entirely responsible for all taxes, stamp duties, license fees, and
other such levies imposed outside the purchaser’s country.
31.2. A local supplier shall be entirely responsible for all taxes, duties, license fees, etc.,
incurred until delivery of the contracted goods to the purchaser.
31.3. No contract shall be concluded with any bidder whose tax matters are not in order. Prior to
the award of a bid the purchaser must verify that the tax matters of the successful bidder
are in order. The successful bidder must submit the tax compliance status pin or the
Central Supplier Database Master Registration Number which the purchaser will use to
confirm the tax status of the successful bidder.
32. TRANSFER OF CONTRACTS
32.1 The supplier shall not abandon, transfer, cede, assign or sublet a contract or part thereof
without the written permission of the purchaser.
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33. AMENDMENT OF CONTRACTS
33.1 No agreement to amend or vary a contract or purchaser order or the conditions,
stipulations or provisions thereof shall be valid and of any force unless such agreement to
amend or vary is entered into in writing and signed by the contracting parties. Any waiver of
the requirement that the agreement to amend or vary shall be in writing, shall also be in
writing.
34. PROHIBITION OF RESTRICTED PRACTICES
34.1 In terms of section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, an
agreement between, or concerted practice by, firms, or a decision by an association of
firms, is prohibited if it is between parties in a horizontal relationship and if a bidder(s) is /
are or a supplier(s) was /were in collusive bidding.
34.2 If a bidder(s) or contractor(s), based on reasonable grounds or evidence obtained by the
purchaser, has /have engaged in the restrictive practice referred to above, the purchaser
may refer the matter to the Competitive Commission for investigation and possible
imposition of administrative penalties as contemplated in section 59 of the Competition Act
No. 89 of 1998.
34.3 If a bidder(s) or supplier(s) has / have been found guilty by the Competition Commission of
the restrictive practice referred to above, the purchaser may, in addition and without
prejudice to any other remedy provided for, invalidate the bid(s) for such items(s) offered,
and / or terminate the contract in whole or part, and /or restrict the bidder(s) or supplier(s)
from conducting business with the public sector for a period not exceeding ten (10) years
and / or claim damages from the bidder(s) or supplier(s) concerned.